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Services for the elderly - Frequently asked questions

• What legal problems can the elderly encounter?
• What work do the attorney(s) have to carry out under a Lasting Power of Attorney?
• What if it is too late to make a Lasting Power of Attorney?
• How can the assets of the elderly be protected?

What legal problems can the elderly encounter?

With longer life expectation and improved medical facilities, more and more members of our society are encountering difficulties in managing their own affairs. However the law only recognises contracts made and instructions given by persons with full mental capacity, thus excluding people with such conditions as Alzheimer's, Parkinsons Disease, strokes or simply longer term deterioration of mental faculties.

This can cause very serious problems even in the simplest of cases, for example, where a husband and wife wish to sell their jointly owned property but one of them is mentally incapacitated. The other spouse does not have the power to sell the property without going through complex legal procedures, unless they have put their affairs in order prior to the incapacity occurring. In such a case, if a Lasting Power of Attorney had been entered into prior to the incapacity, the property could be sold without delay.

What work do the attorney(s) have to carry out under a Lasting Power of Attorney?

Under a Lasting Power of Attorney, we can provide full management of the affairs of the elderly and infirm for the attorneys or as attorneys ourselves, including management of investments (through appropriate independent financial advisers), payment of care fees and all associated matters, thereby enabling individuals to enjoy their lives without the concerns over financial management.

What if it is too late to make an Lasting Power of Attorney?

If an individual is already suffering from mental incapacity and there is no Lasting Power of Attorney in place, we can also provide for the appointment of a Receiver under the Public Guardianship Office. Specific regulations apply in respect of the management of assets by a duly appointed Receiver and all the administrative and accounts services can be provided by us.

How can the assets of the elderly be protected?

Our services for the elderly include advice on the preservation and management of assets, whether the family home or investments, by providing for lifetime gifts of assets outright or into appropriate trusts. This requires early planning for the future and should be undertaken long before residential or nursing care is contemplated. Financial planning is also required well in advance for the funding of residential or nursing care. We have strong relationships with a number of independent financial advisers, stockbrokers and accountants and together we can provide a full range of advice to our elderly clients and their families.